Brexit and PI Arising from Road Traffic Accidents

but I might is I don't God. I'm a member of Public Courtrooms Mountain specializing in Preston injury that again on delivering this webinar today brags it on personal injury arising from road traffic accidents we're going to do is look at the current law on consider whether it will survive following turning up to March 19 when I think the UK is destined to meet the European Union. Currently, you lost significant and part in the following hours oppressed injury law, road traffic accidents, both having a broad health and safety at work on personal injury arising from the fact of products. This seminar ends to give new view of the current impact of the legislation. The particular focus impressed injury arising out of room traffic accidents, roll skins of the consequence of Brexit in the current position on what practitioners should look out for 13 reach 29th of March 2 died in 19 in particular. We're gonna cover the law applicable to non contractual obligations and Brussels woman room to at the rights of actions against insurers contained in the European Community's rights against insurers Regulations doesn't too. On the sixth Directive, I'm really what sick directed means and what does So first of all, Brexit? What is it? What's that main? Well, we have the referendum in June 2016 with 51st tubes of population for it to leave armed half just over 48% put into remand. It's worth considering that quite large number off my was population didn't in fact, in vote in referendum by 27.9%. What is its generally the European Union, its political economic union of 28 member states that are in looking primary in Europe. Estimated population of refinement in 10 billion to about a single market through a style of I systems system of laws. The plan all member states e policies Intention Freeman of people, goods, services and capital with the internal within the internal markets. A night legislation, justice and home affairs on mint in common policies and trade, culture, fisheries on regional development and if you if you go on Wikipedia, you find a list of all the ive member states, including Carney Kingdom, the bread's of process that what was it? Although the e treaties and suspend African Union between members, they also express accomplice members didn't leaving the UK must serve a notice in consul trigger in two year withdrawal period under Article 50. This notice was served 29th of March 2017 and dead off a two year process off the 20th. March 19 possibly 28. The marches on Monte withdrawal agreement to be signed by council acting by a qualified majority I'm requires consent of the European Parliament acted on a majority basis. There's no groom within the two year basis and extension agreed that UK exits the European Union when the treaty cease to apply considerably. But like any replacement, regional press and the extension to the two year period must be agreed by the Council. Unanimously, it's put a simple majority were the possible tunnels to the membership that have been carried by the press, the possibility of e air membership. So that's the European Economic Area is the area in which the agreement on E a advice to the free movement of persons, goods, services and capital within the European single market, including the friend, choose residents in any country within the area. The established in First of January 1924 on a membership is open to member states via the European Union or the European Free Trade Association for community in a moment. Members off the e a r the 20th you member states as well as Iceland, Liechtenstein on Norway, Key facts off ear and well members were brought about a single market rules. They passed significant amount of money towards the European Union, for example, normally pays what 90% for a couple of with UK pays on, but it means that they don't need to negotiate trade agreements with other nations. We can't negotiate trade agreements with other nations turning and afterwards after May. European Free Trade Association is regional trade organization, which consists off four European states. So Iceland, Liechtenstein, Norway and Switzerland bonded, operates and partner with European Union, all for member states. Put spit in the European single market over there, not party to the your opinion Customs union, Whilst the European Free Trade Associations on the Customs Union member states of full rights to enter into bilateral third country immigrants doesn't coordinated trade policy results, member states have jointly concluded free trade groups in the UK and other countries, but spitting EU single market, Isometsa signed Norway parties to the E a tweet. It's a moment ago. Compliance is regulated by the E at the after surveillance authority on the after court. Switzerland has a sort of bilateral goods with you, instead offering an e a member. Ceta are seater. The Comprehensive Economic and Trade Agreement is a free trade agreement between come over European Union on its member states. The negotiations were concluded in sudden 14. All 28 European member states proved to final types off the for signature bells and being, you know, without its approval. It is nice to be brought into four subject to European justice decision, uh, following a request for a decision by Belgium on a particular issue. And that effect spells the European Commission in the case that that truly saves just over half a 1,000,000,000 euros and taxes for e exporters every year. Year, uh, with mutual recognition and Meg fashions, architects, accountants and engineers. The easier trans friends company staff on other oppressions playing the you on kind of a. The idea is that disorder and this agreement worker in a more level playing field between Canada on you, um, various rights, if not one of those Grumman's, then we may be dealing with the World Trade Organization to that see organization deals, regulated trading goods, services and intellectual, probably between participating companies by providing the framework for a negotiated trade agreements Founded Spirit Dispute Resolution process and enforcing participants. Adherence to the agreements, which is signed by the rap sensors off member governments ratified by the parliaments. Well, trade organizations that this is a friend work for trade policies. It is not defined or specify outcomes. The heart is a lot fit in with, UH, President James traffic license. Well, first of all, jurisdiction where the defendant in a press injury cases domicile instead than the European Union jurisdiction is governed by the European regulation on jurisdiction on the recognition and enforcement of judgments in seven and commercial matters otherwise known. Ask Brussels one. It's nigh ving process, but it's not really finding. Be cast Brussels Regulation on jurisdiction on the recognition off a civil judgement enforcement. So that's the one of the European Union It Brussels One recast supplies where the defendants don't side in the country party to the Parliament Lugano Convention, which primary goes off after states, then, um, the the relevant Convinces gather convention which mirrors the Brussels one convention. According to Article five Subsection three, both instruments in all matters relating to tour its direct or quality defendant may be sued either where he's domiciled or in the country with harmful event currents. That same in principle from the Brussels won't undergarment Convention Run t What is room two days? What room to use in the U Law, which provides for a detailed system of protection of the injured victim as a week of part of that person suffered press injury caused by vehicle. The sick directive relating to insurance against civil liability in respect of these motor vehicles on the enforcement of the obligation to ensure against US liability. Operates in conjunction with Brussels Regulation. Recast. So it's possible one met injured victims to make plans in their home jurisdiction in relation to accidents that occurred brought. So basically the idea behind fossils want to you to enable Komen's here the injured party to bring a claim in her home country against the defendant on any defendant on Danny Insurance Company for the defendant. Any claims injured killing the explanation to foreign accent currently covered by the applicable choice of laurels to be fine and the room to regulation. Normally, that's the law of the players of the accident. So generally speaking, on Toronto law is where the law of the place where the accident occurred. And that law applies not just to the issue reliability but to the quantification on the south of los that for cleanse guns for insurers normally apply for Lord's calculation. Future Could an important quest about future losses compensated? Well? I referenced a lot Some words of compensation award off title by reference to Eroica pens. Argued Purpose of Rome to a search of consistency among members. Debts rules regarding non contractual obligations. I talked years room to his direct applications to be interpreted in accordance with general rules. Intoxication Unite station with ultimate recourse to the European Court of Justice. You read of the article in In room to his Article four that's otherwise provided for in this regulation, the law applicable Zanon construction obligation Rising of tort shall be the law of the country when the damage occurs, irrespective of the country in which event given rise that occurred under Article 42 However, where the person clean, reliable person to standing down both of their actual residents in the same country. At the time of damage occurs the law that country shall apply So after two, if the tor effect amount toward Feezer, I live in the same country that the accident occurred abroad. Then they could see in there that comes to 11 that a three hour before subsection three. Where is clear in all the circumstances of the case that the tort as manifestly more closely connected with the country of not indicated the previous paragraphs. The law that other countries will apply a manifestly closer connection in another country might be based in particular pre existing condition of political parties such as a contract. It is closely connected with the torch in question before the articles were satellite and run to. There are a number of cycles recycled, 17 of which in the preamble states. This the law applicable should be determined on the best of where the damage parents, regardless of the country countries in which the indirect consequences could occur. Kourtney in case of press injury or damage to properly the country in which the damage occurs should be the country of the injury was sustained or the property was done with respect. So that effectively means that if you have a determination of where damage occurs, that someone's injured in a road traffic accident in fronts, for example, on the injured there on they're back is prevents them from working. Damage occurs both in France, and the person's been injured there on, say, England of from England, because they've lost money from opening while working. What Recital 17 does is make clear that when they room three talks work where the damage occurred, it means where the injury occurred in the immediate injury occurred not where the loss of income would occur in that particular example. So unless exceptions nautical for two years before three apply, the applicable law will be the country with a traffic accident took place when we're considering. We looked at the article for two exception were both declared the fan and habitually resident in same country law. That country applies. So taken a road traffic accident. Say, for example, whilst the claimed independent are scared in France, Um, for example, it's it's a husband and wife in the vehicle. Husbands driving cause accent. The English wife would suit being a husband in England on English law would apply as between wife and husband, given that they're both resident in England. If the husband was in the hire car with Swiss insurer than English style would apply between wife and husband. Swiss insurance law would applies between the husband on this Western. Sure, because that's not a tortious issue that's governed by room to if in the inner temple. English. Why suit doing this husband on the husband planned the French driver than the lo being ashore between husband and wife. The wife joined the French driver, then French law to wife fronts driver just like the complicated. But it's at least known that that is the law that would apply. What is the applicable law that we're talking about? What's covered by Article 15 in Room two includes basis and extent of liability examination, some liability limitation. Inter Moore's instructions Importantly nature on Saturday damage. What happens was Rome, too, and Brexit Well, if there's a consequence, Brexit The United Kingdom no longer bind by t on the United Kingdom, says it's got reliance on what's likely scenario. Well, prayer room to claims were determined by the private international law. Mr, this provision activates 95 on sections 9 to 12. Deal with Clear taught on that act generally matters of procedure governed by English law of the country where proceedings were brought but matters of substance were governed by the law of the country. Supplies with your choice of law rules are applied well, Choice Gloria will say when they say they're set out in section 11. The general rule is that the applicable law is the law of the country in which the events constituted torture, agility, question occurred. Choice Applicable law. The Displacement of General sort, Paragraph 12. There appears in all the second sense from the comparison of the significance of the factors it's connected to. Phillip Country globally, applicable on the general rule on the significance. Manufactures connecting the tour with another country that's more appropriate response. More approval for the other countries used to certain issues than that general rule would be displaced. Generally speaking, it's court to 10 Teoh displaced the general rule if, for example, the two parties are English, but there isn't a very clear rule that can be determined from the case law. No, on what exactly is this system seem more appropriate a factor that we're determining this law in such a case. Come on, it's a substance. Under the private international law, girls tend to be light, early ish used direct rights vaccine. It's insurers. Whether deceased stick could be sued. Contribution, very caress, liability, remoteness and type of diamonds on mitigation of loss on limitation matters, seizure tend to be matters of evidence, UN importantly, quantification of damage. So if it's not room to and we have this this English, my wife soon hearing this husband. What would happen is that on the court would have to determine something more appropriate for to be turned in England. If you three and a French drivers well and like it is, that would be determined in France with French law on birth procedure on on my Friends Law as to my ability in substance on English laws turning procedure. If the case brought so another important aspect off the use framework around enabling victims too bring accents directly is the right of action against insurance. The years attempts to advance consistent minimal standards from member states for the compensation of injured parties in road traffic absence. I've made Asia for the injured party seek compensation in their home country. Perhaps it was significant owned this. Attempts being a creation of the state like to bring a claim against motor insurers together with right to do so in the injured person's home country. That right is contained within the fourth directive on Article three of that directive set on direct right of action, which requires each member state to ensure that injured parties refractory in Article one and accidents within the made in a lot provision enjoy direct right of action against the insurance undertaking covered in responsible person against civil liability. Injured partisans find first directive any personal type of the compensation in respect of any loss or injury caused by vehicles. DR. Actives Implemented into UK by European communities Right skins Insurance regulations divided in two The departures follows regulation to one accident means an accident on the road or other public place. United Kingdom caused by or arising arising out of these many insurance fee entitled party means any person is a resident of a member state, you know, or any resin of any state in the European Economic Area on insured person means any person shared on repulsive insurance satisfy the conditions. That paragraph they three of the regulation vehicle means any motor vehicle intended for child's line. Help on the camp apart, but not really. And then a trailer, whether or no couple, which is normally best in the United Kingdom for the purpose of the Regulations of Vegas and shared if there's enforce immigration to the use of that vehicle. A policy of insurance which fulfills the requirements of sexual on for five off the road traffic my teeth give it the run of actual seller in regulation. Three 31 size partners Tear. This regulation applies with title point is causing actual against unsure and talk, and that cause of action arises over of to you, then says where this paragraph applies, the entire party may prices to his right. Just proceedings against singer insured person issue proceedings against you. Ensure which issued pull of its policy of insurance related to the insurance and that ensure should be directly liable to the entire party. To the extent he is liable to ensure person intention my director was enabled. Injured parties can direct May gets insurers When the accident occurred in another member state around their member state of residence. The affected regulation is the ninja part of the UK make him directly against the insurer, with the accidents taking place in another understand as well as initially. Residents. What's effectively the gold plate? Enough directive requirement? That's the regulations created right of action against the insurance cases, which are purely internal to the UK. The right to bring such claim directly against insurance, confirming residents off the member states at as well as ice and Norway Sunstein. That's the European Economic Area members. Uh, a number of jurisdictional issues have arisen as a result off they right of actual against insurers directive. Many of those have been resolved by the room Teoh rules, which effectively ally injured victims to have clients who turned in the law off their home country. If no Leslie accident took place, issue off what the various millions are. It within. The regulation is yet to be clarified on importantly issues such such as where they where the action took place, how be considered basically by the courts. Um, the sick director that we mentioned earlier is effectively the use attempt to consult it. Five previous directors and motor insurance, which were brought into force in 1970 to 2005. The director's assault increase protection for those and gays and cross border travel in the that included managers benefit an injured party for their links to more than one you member state in any trouble. Actually, the first directive requires each member state to a friend from making checked insurance against liability in respect of vehicles normally best in the territory of another member state. The effect of this is that non member state vehicles passing from one member state to another not to be subject to regular checks and border border once a check me kind of the first member step border that was deemed sufficient for all other member state borders. Remember, Sexual also applies central vehicles based in normal mistake did not enter with art. A Green course forget from to insurance on member states are obliged to ensure that no member state vehicles of not generalize necessary insurance. The first directive also required a system of compulsory insurance for civil liability arising from the use of vehicles. The scope of Article 31 of the first directive was real upon by the European Court of justice. In the case of the Net, Converse is Zafar a roll bar. Nika Tree Glove. Excuse my association. No, this goes back to the point arising from the insurance regulations. Us to Walt is a road or public place. In this case, Mr Vanek was a farm worker has knocked off a lot. Almost work by a trailer attached to attractive was Mr Vanek trail on private land at the time. The accent the Easter James required to determine the circumstances of the accident, fell in the Judy to ensure the use of vehicles within Article three. Well, East Jay Finding the accident circumstances deadfall than the Judson showing the best that the use of vehicles covers any use of vehicles that is consistent with Noah. Functional thought Faycal. So the decision of the Net present its compatibility difficulty for the UK law. The Road Traffic Act on the insurance regulations requiring chance running for the use of a motor vehicle, our road or other public place. So there's plan a lickle than in terms off the regulations. United Kingdom Insurance from Adversity Holding 2016 kids. The High Court How sexual 145 the rt A now the Road Traffic Act 1980. It was incompatible with the directive following its interpretation for Nick Such a decision. The UK government at risk of damage claims governing power ability. I'm not that she was considered further in the case of road pieces for US Secretary of State for Transport Adam and Minister of Court case, where the secretary of State of Transport admitted accepted the fact that the UK was not in accordance with the directive. It has been interpreted by the European Court of Justice because of this distance stained they road or public place on the fact that the directive requires insurance on that for the use of vehicle, as long as the vehicle is being used in its no way the consequence off. This is that Secretary States Choir to bring forward legislation which will Maggie can law, uh, bring it in line from attractive? Otherwise, the government is liable for Frank, which damages against individual tenants. They aren't covered by the the fact that the UK legislation is not lying with their decision Moon on the second directive, the second rector requires member states to render certain close the motor and trips policy's void was against third party accident victims turns or those were covered. Excluded in relation to drivers. You do not have authorization to drive License driver's I'm dr Issue. In breach of vacant condition and safety standards, member states must also ensure any time insurance policy, which excludes a passenger, from covering the best that they knew the drivers on reference. Vocal is void and respect about possible. The second directive requires compulsory insurance and respect. My cover inspected Claire's by family members. Those were quite amendment minimum levels cover. I think it started off with something like 250,000 years. It's no at one billion euros perfect and following to fifth. That's like directive also requires member states to set of appropriate schemes for the compensation of victims with drivers. Uninsured were untraceable. Uh, that's giving the UK is wrong by the Modern Insurance Bureau. On that set up on the regulation 15 off the Motor vehicles Compulsory Insurance Information Center in competition body regulates and see those in three. That regulation requires the M I B to provide compensation for injuries. Realizing from traffic accidents abroad on the M. I B then receives Hammond for that compensation from its equivalent volume. Whichever country the accident occurred, it they third directive require compulsory insurance policy on the basis of a single premium for use in the whole of the UK of the e G. Forgive me. So the idea behind the directive, Dan, is that you pay insurance policy okay on that cover she for Dr in Front entirely off the your opinion. The fourth directive requires all insurance companies to point cleanse representative in each member state that clears representative is there so that the injured claimant com bring a claim against kinds represented directly on that representative hospital position to be able to deal with unsettled, Clear, The fourth directive require allegiance. Companies also say, um, how a database of what's best what information, including a list of all vehicles in the country. Names and addresses of Russia Keepers run straight on Mars insurance details from you on vehicles. It's not require insurance in each particular country. So all of those directors that first of fifth directors have been subsumed within the consolidated SEC director Sex directive contains all border insurance obligations placed upon member states, uh, by the European Union. So what are the post Brexit peculiar is that would be like enough Well, if there is a next of kin a post Brexit in relation to the astonishment of adequate procedures for jurisdiction on recognition of judgments, I room to injured humans are likely to suffer attachment by freshly inopportune cases. They would and should be compensated for. Teoh current extra costs by issuing protective proceedings pre Brexit and more than one member state to protect against need for enforcement. Post Brexit under a shrimper scenes in a court of second choice and you with any or several foreign disadvantages. Such a delay. Inconvenience of language, less favorable Cough region where damage is raging along. Familiar choice really linger. Ups. Integrationist Impairment Rendered position. We would ask the president's in the home jurisdiction of Fresh choice, Lack of suddenness and forces number in the factory future plans but may also impact settlements. Nine. Relations to risk. That's the future enforceability of orders settlement agreements in respect to count future costs and costs. It's a particular impact knows injured vacant victims who have suffered catastrophic injury is continuing can make the most risk now who would need state support in an event. Our compensation no available under the first directive that Professor friend sure in all third state vehicles. Time to terrifically, usually in shirt, which makes comments you. Therefore all of you caressed vehicles return it to the post. Brexit will, in any event, need to comply with European requirements, and you can shares will be subject to the jurisdictional rules on the Brussels regulation. Recast. Informal currents make claims. Get some in relation taxes in you. When the UK leaves you, two shouldn't have to be taken as to whether the room to regulations to be transposed into domestic law. If not, then likely, a law that applies in 1995 act that puts the UK adults with former partners with high loss quantified. It's not considered a sustained, officially part of the proper lawyer. What should happen well, Teoh Ensure the continued protection of injured victims of assimilation of love and the law into UK law Fire appeal bill. Come replicate the obligations to its UK citizens. Insurance companies subject never that process cannot of itself. Presented system of Mitchell obligations between EU member states in UK facility It's Canada three brought judgments, enforced relation of foreign accidents and particularly the fact that insurers don't domiciled and EU states cannot be required to maintain a successful presence in the UK Thea my be equipments off East It's will not be compelled to corporate with the M might be here on the UK you appear. Bill cannot make UK judgments enforcement. EU Member states wants UK science scope of brothers too In order to preserve the status quo on benefit claimants in the UK Treasury, following steps should be taken enforcement of UK. Justin with any U is guaranteed guaranteed by a session to 2007 Agana Convention or any update. The convention The president of the six Motor and Shares Directive on the room to regulate should be translated into domestic law. That certainly would be a convenient instances. Students Girl on would enable the protection off Clemens and enforcement of judgments abroad so that INGE Accorsi UK can decide at what off the directors on conventions it wants to be part of in the future. I heard that's been helpful. The note should sell it Some of the things I talk about more details, Thank you very much